Government puts off the inevitable as Heathrow legal challenge delayed

The Government has delayed facing a legal challenge against its decision to back Heathrow expansion.

A High Court ruling, released today, decides that any
judicial review examining the legality of the third runway scheme, including
its air quality impacts, cannot be heard until after designation of a
National Policy Statement (NPS) on aviation, anticipated in 2018.

The Department for Transport’s move to delay a legal
challenge has been condemned by a coalition of local councils, including
Hillingdon, Richmond, Wandsworth and Windsor and Maidenhead, together with
Greenpeace UK and a Hillingdon resident, who had started judicial review
proceeding against the third runway.

The claimants argued that the case should be heard now
before more time and taxpayers’ money is wasted developing a scheme that will
never be able to comply with air quality law. They also point out that local
residents should not have to face another period – perhaps years - of
uncertainty over a scheme which they believe will never get planning
permission.

Today’s ruling does not concern the merits of the claimants’
grounds for complaint - only the timing of the judicial review
process. The judge said that: “Once
the Secretary of State adopts and publishes a National Policy Statement the
court will have jurisdiction to entertain challenges the claimants advance.”

The coalition claim that the Government's October 2016
decision to back plans for the third runway is unlawful because it frustrates
the legitimate expectations of local residents who have received clear and
repeated promises from ministers over the years that it would never be
built. This gave them the right, at the very least, to consultation
before the Government decided to back Heathrow.

They also challenge the decision on the basis that the Government has failed to
recognise the project's unlawful pollution impacts. They argue that the
Airport Commission and the Government misapplied air quality law.

They also oppose an expanded Heathrow because of intolerable
noise which would affect the most densely populated areas in the UK.

Cllr Ray Puddifoot, Leader of Hillingdon Council, said: "People right
across London have repeatedly voiced their opposition to any expansion at
Heathrow, and our job has always been, and continues to be, to represent our
residents' views and to challenge this terrible decision to allow a third
runway. Today's ruling is not the end of Heathrow's problems, it is just the
first step in what will be a losing battle for them and the Government, neither
of which can get around the problem of unlawful air quality impacts, let alone
all of the other issues it faces. The blatant waste of public money by the
Government at this time is lamentable."

Ravi Govindia leader of Wandsworth Council said: “The
Government has taken a colossal gamble by delaying this legal action for at
least a year. The country is now going to waste more time developing a scheme
that will never pass a simple legal test on air quality. Nothing is going to
change between now and 2018 to make this scheme any less polluting so they
should face this challenge now or abandon the third runway.”

Lord True, Leader of Richmond Council, said: “The Government
has delayed the inevitable. The expansion of Heathrow would be the worst
environmental decision of any government in modern times. And, the process in
which Ministers have made their decision is now proven to be inadequate,
incompetent and goes back on a six year commitment never to expand the airport.
We will be a thorn in the Government’s side until sense prevails.”

Greenpeace UK executive director John Sauven said: “Today’s
ruling was about the timing of our legal challenge, not its merit. It doesn’t
change the fact that ministers have no solution to the huge air and noise
pollution problems caused by a third runway. By forging ahead with a flawed
consultation ministers are just delaying an inevitable legal challenge, wasting
more time, energy, and public money in the process.

“Expanding Heathrow will heap more misery on thousands of
Londoners already breathing illegal levels of air pollution and make it
impossible for the government to comply with air quality laws. The government
should ditch this project as they have promised to do many times in the past.”